DILBAG SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No. 613/2025 registered at Police Station D.D. Nagar, Raipur, Distt. Raipur (C.G.) under Sec. 17(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Case of the prosecution, in brief, is that as per secret information received from the informant, the Police of Police Station D.D. Nagar, Raipur, Distt. Raipur seized 1.075 Kgs of ganja from the possession of the applicant at open place, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested, hence the bail application.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the contraband Ganja was not seized from the exclusive possession of the applicant. He further submits that that prosecution agency has not followed the provisions under Sec. 42 of the NDPS Act and not taken search warrant from the superior authority. He also submits that from the possession of the applicant intermediate quantity of the psychotropic substance ganja has been seized, and therefore, it will not attract the rigors of Sec. 37 of the NDPS Act as the commercial quantity of ganja as prescribed under the schedule is more than 20 Kgs and from the possession of the applicant only 1.075 Kgs Ganja has been seized. He later submits that the applicant has no criminal antecedent and he is in jail since 25/12/2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.